A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 5, 2011, the Defendant issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act ( sound driving), and on May 25, 2016, the Defendant issued a summary order of KRW 5,00,000 for the same crime, etc. at the Seoul Central District Court on May 25, 201, but on June 15, 2019, the Defendant driven a DNA car under the influence of alcohol concentration of KRW 0.217% while under the influence of alcohol concentration of KRW 10,00 without obtaining a driver’s license from a non-place adjacent to the Seoul Central District Court on June 15, 2019 to the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report and the actual condition report of the driver;

1. The driver's license ledger;

1. Previous records: Application of inquiries, such as criminal records, and a copy of a summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant had been punished once, once for drunk driving, and one time for driving without a driver's license, but the accident occurred while driving without a driver's license. In addition, the nature of the crime is not good, and the defendant's blood alcohol concentration is very high.

However, there are many kinds of trials in this case, such as the fact that the defendant is recognized to commit a crime, the distance of the defendant's driving is relatively short, the damage caused by traffic accidents is very minor, there is no record of criminal punishment exceeding the fine, and the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of the crime.